Opinion on Divorce or Annulment
2 years ago
My friend had done temple marriage without parents consent and with in a month the guy found out to be job less and no good attitude [behavioral issues] and she came back to parents home. Marriage is not registered nor any official documentation exist for this marriage. In this circumstance will this marriage is considered valid ? we are planning to get her married, is she required to apply of Divorce or Annulment ? Pls suggest
A.Dear Sir,
You must be very careful if the other party is educated then you have to get divorce irrespective of it was registered or not. Temple marriages also recognized in India and such girl cannot marry during subsistence of marriage.
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You must be very careful if the other party is educated then you have to get divorce irrespective of it was registered or not. Temple marriages also recognized in India and such girl cannot marry during subsistence of marriage.
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Sidhaarth
Responded 2 years ago
A.Yes marriage is valid for all purposes. Marriage between two adults if performed in any form in terms of rites and rituals are valid. So marriage performed in temple in terms of Hindu way is valid. If marriage is performed within one year and if grounds so exist then only oeition for annulment can only be filed and if one year has expired then divorce petition can be filed. Divorce by mutual consent is best option of divorce.
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Vaidehi Samant
Responded 2 years ago
A.Since the marriage is only few months old annulment only is the option if you wish to separate legally, for filing divorce minimum one from marriage date your friend will have to wait. Thank you.
If you have found the answer helpful than please provide review and give***** as appreciation.
If you have found the answer helpful than please provide review and give***** as appreciation.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If both husband and wife are Hindu,then temple marriage with Hindu rituals is considered to be a valid marriage even when that Marriage was neither registered nor any official documentation exists in support of that marriage.
Therefore, without Divorce Second marriage cannot be done.
Therefore, without Divorce Second marriage cannot be done.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If there are witnesses and the photographs which can document and prove that the your friend had married the girl, then the marriage would be considered as valid one. Further, the boy and the girl should be of marriageable age as per the law. If the marriage is valid, then you will have to apply for divorce or annulment as the case may be.
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If there are witnesses and the photographs which can document and prove that the your friend had married the girl, then the marriage would be considered as valid one. Further, the boy and the girl should be of marriageable age as per the law. If the marriage is valid, then you will have to apply for divorce or annulment as the case may be.
If you like my answer, please rate me.
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A.Hi,
The marriage would be valid if they have proofs for the marriage, the parties must be major and should 2 witnesses for marriage.
They need to file for mutual consent divorce if the husband agrees otherwise you need to go for judicial separation and divorce under cruelty.
If you find it helpful, kindly rate my answer. Thank You.
The marriage would be valid if they have proofs for the marriage, the parties must be major and should 2 witnesses for marriage.
They need to file for mutual consent divorce if the husband agrees otherwise you need to go for judicial separation and divorce under cruelty.
If you find it helpful, kindly rate my answer. Thank You.
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